Zhen v. Del Toro

Opinion

UNITED STATES DISTRICT COURT AT TACOMA JIANHAO ZHEN, CASE NO. 25-5684-BHS Plaintiff, ORDER v. Defendant.

THIS MATTER is before the Court on Magistrate Judge David Christel’s Order granting pro se plaintiff Zhen’s motion for leave to proceed in forma pauperis, Dkt. 4, leaving to this Court evaluation of whether Zhen’s proposed complaint, Dkt. 5, asserts a plausible claim and should be served. Zhen’s proposed complaint asserts employment discrimination claims against the Navy on the basis of his race. Dkt. 5. He acknowledges that he has a related case before this Court, No. 24-CV-5746-BHS, which asserts similar claims against Secretary Del Toro. The Court ordered Zhen to show cause as to why the two cases should not be consolidated. Dkt. 8. Zhen responds that the earlier filed case is about the Navy’s firing of him in July 2023, whereas this case is about the “stressful work environment against [him],” from

May 2022 through July 2023. Dkt. 9. However, he does not object to the Court’s consolidation of the two cases. Id. at 2. Rule 42 permits a court to consolidate or join for trial matters that “involve a common question of law or fact.” Fed. R. Civ. P. 42(a). “To determine whether to consolidate, a court weighs the interest of judicial convenience against the potential for delay, confusion and prejudice caused by consolidation.” Sw. Marine, Inc. v. Triple A

Mach. Shop, Inc., 720 F. Supp. 805, 807 (N.D. Cal. 1989). The Court concludes consolidation is appropriate here. The cases involve common facts that occurred over a similar time frame. All future filings should be made in the earlier filed case, No. 24-CV-5746. Because the Navy has already appeared and answered in that case, Zhen may file a motion for leave to amend his complaint by October 6, 2025.

This matter shall be CONSOLIDATED with the earlier filed case, No. 24-CV- 5746. This matter is DISMISSED without prejudice. Dated this 25th day of September, 2025. A BENJAMIN H. SETTLE United States District Judge